STATE ASSEMBLY ANNUAL REPORT

2020

COMMITTEE ON HEALTH

CARL E. HEASTIE RICHARD N. GOTTFRIED SPEAKER CHAIR NEW YORK STATE ASSEMBLY COMMITTEES: RULES 822 LEGISLATIVE OFFICE BUILDING, ALBANY, NY 12248 HEALTH TEL: 518-455-4941 FAX: 518-455-5939 HIGHER EDUCATION RICHARD N. GOTTFRIED MAJORITY STEERING 75TH ASSEMBLY 250 BROADWAY, RM. 2232, NEW YORK, NY 10007

DISTRICT TEL: 212-312-1492 FAX: 212-312-1494 CHAIR CHAIR E-MAIL: [email protected] MANHATTAN DELEGATION COMMITTEE ON HEALTH

December 15, 2020

Carl E. Heastie Speaker of the Assembly Legislative Office Building, Room 932 Albany, New York 12248

Dear Speaker Heastie:

I am submitting the 2020 Annual Report of the Assembly Committee on Health. This was an extraordinary year and the Committee sought to advance additional measures to address the emerging health crisis caused by the COVID-19 pandemic while simultaneously balancing the needs to address significant fiscal challenges faced by the state. Despite these challenges, the Committee sought to continue to maintain the overall goal of improving and ensuring consistent, quality health care throughout New York State.

On behalf of myself and the other members of the Committee, I thank you for your leadership, support and encouragement throughout the Legislative Session.

Very truly yours,

Richard N. Gottfried Chair Committee on Health

New York State Assembly

Committee on Health

2020 Annual Report

Richard N. Gottfried Chair

Albany, New York NEW YORK STATE ASSEMBLY CARL E. HEASTIE, SPEAKER RICHARD N. GOTTFRIED, CHAIR COMMITTEE ON HEALTH

Health Committee Members

Majority Minority

Thomas Abinanti Jake Ashby Kevin M. Byrne, Ranking Minority Rodneyse Bichotte Member Edward C. Braunstein Kevin A. Cahill Andrew Garbarino David G. McDonough Melissa Miller Sandra R. Galef Richard N. Gottfried, Chair Aileen M. Gunther Andrew D. Hevesi Ellen C. Jaffee Amy R. Paulin Linda B. Rosenthal Nader J. Sayegh Robin L. Schimminger Michaelle C. Solages

Health Committee Staff Mischa Sogut, Legislative Director Monica Miller, Senior Legislative Associate Sherri Salvione, Legislative Associate Kayleigh Zaloga, Legislative Associate Kathryn Curren, Committee Clerk Christina Coppola, Administrative Assistant

Program and Counsel Staff Jennifer Sacco, Assistant Secretary for Program and Policy Janice Nieves, Associate Counsel Anthony Kergaravat, Principal Analyst Sarah Conklin, Administrative Assistant

Table of Contents

Section Page Number

1. Summary Sheet 3

2. Final Action on Committee on Health Bills in 2020 4

3. Public Hearings and Roundtables of 2020 10

2

SECTION I

2020 SUMMARY SHEET

SUMMARY OF ACTION ON ALL BILLS REFERRED TO THE COMMITTEE ON

Health

TOTAL NUMBER OF COMMITTEE MEETINGS HELD: 7

FINAL ACTION ASSEMBLY SENATE TOTAL BILLS BILLS BILLS

BILLS REPORTED FAVORABLE TO: CODES 9 0 9 JUDICIARY 0 0 0 WAYS AND MEANS 19 0 19 RULES 12 0 12 FLOOR 18 0 18 TOTAL 58 0 58 COMMITTEE ACTION HELD FOR CONSIDERATION 41 0 41

DEFEATED 0 0 0

ENACTING CLAUSE STRICKEN 16 0 16 REMAINING IN COMMITTEE 477 16 493

BILLS REFERENCE CHANGED TO:

TOTAL 1 0 1

3

SECTION II

Final Action on Committee on Health Bills in 2020

Important Note: The “Descriptions” in this section should not be relied on or used for any purpose other than to indicate generally the subject matter of the bill.

BILL/SPONSOR DESCRIPTION ACTION

A.1149 (Gottfried) Authorizes licensed or certified practitioners that are allowed to Advanced to Third S.2056 (Savino) prescribe a controlled substance to be able to certify a patient for Reading medical marihuana.

A.2338 (Wallace) Requires health clubs with a membership of 50 or more to have at Reported to Codes least one automated external defibrillator that is readily accessible.

A.2355-A (Gunther) Authorizes residents of a nursing home to install an electronic Reported to Rules monitoring device. The device would be allowed to capture pictures or video of the patient's personal space. Audio recording would require written consent from all roommates.

A.2770-C (Bichotte) Requires hospitals to diagnose and admit expectant mothers in Chapter 348 S.8525 (Montgomery) preterm labor and provide such patients with information regarding the potential health effects of pre-term labor and pre-term delivery.

A.2788-A (Gottfried) Requires Medicaid managed care and managed long term care plans Reported to Ways S.4972-A (Rivera) to provide for minimum wage increases to long term care providers and Means and fiscal intermediaries in their contracts prior to when a new wage increases go into effect.

A.2824 (Gottfried) Provides for coverage of medical marihuana under Medicaid, Child Reported to Ways Health Plus, the Insurance Law, the Workers' Compensation and Means System, and Elderly Pharmaceutical Insurance Coverage (EPIC), and the Essential Plan unless it is determined that coverage of medical marihuana under the Essential Plan will result in the loss of federal financial participation.

A.2865 (Abinanti) Establishes a positive drug test for marihuana cannot be the basis Advanced to Third for determining impairment related to a hiring decision or Reading disciplinary action for a certified patient participating in the medical marihuana program.

A.2885 (Abinanti) Requires county health commissioners to notify appropriate local Passed Assembly S.3682 (Harckham) officials in the event of a health emergency.

A.3040-A (Vanel) Requires water works corporations to post water supply statements Chapter 57 S.8723 (Sanders) online.

4

A.3361 (Abinanti) Requires all state agencies to consider the right to safe, clean, Advanced to Third S.5334-A (Comrie) affordable, and accessible water for human consumption, and Reading sanitary purposes when revising, or establishing policies, regulations, and grant criteria.

A.4416-C (Gottfried) Authorizes the Department of Health (DOH) to take certain actions Reported to Codes S.3460-A (Rivera) to strengthen enforcement in certain adult care settings. Additionally, the bill increases certain civil penalties for adult care facilities found to be in violation of state requirements.

A.6677-B (Gottfried) Reforms the indigent care pool funding distribution methodology, Reported to Ways S.5546-A (Rivera) which is intended for hospitals that disproportionately serve and Means Medicaid patients and the uninsured.

A.7214-A (Paulin) Expands the definition of tissues that are currently regulated by Reported to Rules S.5032-A (Hoylman) state law to include embryos.

A.7514 (Simotas) Allows a birth certificate to be issued with the name of the Passed Assembly S.6247 (Kruger) physician redacted, if the physician has lost their license due to professional misconduct.

A.7798-A (Gottfried) Provides a 10% increase in the base episodic rates and the Reported to Ways S.5915-A (Rivera) individual rates for Medicaid payments to certified home health and Means agencies (CHHA), and establishes standards for third-party payers under Medicaid.

A.7807-A (Epstein) Requires physicians, nurse practitioners, and physician assistants Advanced to Third S.5397-A (Hoylman) that have the primary responsibility for the treatment of a patient Reading with epilepsy to provide the patient with written information on sudden unexpected death in epilepsy, risk factors and conditions that have been developed by the Commission